(1.) In a suit instituted by the respondent against the petitioner pending on the files of learned Sub Judge, Kathua, objections were raised about its maintainability on the ground that the plaint was not signed by the pleader and the verification was defective. Learned trial Judge vide impugned order did not accept the contentions raised and directed the plaintiff-respondent to amend the pleadings so as to enable him to remove the deficiency in the verification of the plaint.
(2.) Mr. Anil Sethi, learned counsel for the petitioner, in his fairness submitted that since the plaint was signed by the plaintiff, non-signing of the same by the learned counsel would not be fatal to the suit and may not result in its dismissal on this count. Learned counsel, however, strenuously argued that in view of the defective verification, the plaint should be rejected. He submitted that duty was cast upon the plaintiff-respondent to verify the pleadings in accordance with the mandate contained in Order VI Rule 15. Learned counsel also submitted that without there being prayer for amending the plaint, the learned trial judge could not direct for amendment of the plaint. Learned counsel also referred to the Civil Laws (Amendment) Act, 2009 and submitted that in terms of the amendment made in the said Section 26, the plaint has to be supported by an affidavit. Learned counsel also submitted that the affidavit has not been filed and the plaint would be liable to be rejected and suit dismissed.
(3.) To facilitate the trial of the case, procedure provides the mode and method for the courts for arriving at a just and lawful conclusion by applying uniform standards. Some of the provisions in the procedural law are mandatory in nature, which are to be followed in letter and spirit whereas, some are directory, non- compliance whereof may not be fatal to the suit and whereof may not result in dismissal of the suit. The procedural laws in all circumstances would not be fatal resulting in closing of the proceedings. The procedural laws facilitate determining the substantive rights of the contesting parties.